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Want Legalization in Your State?

Posted on22. Jan, 2015 by .

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Want Legalization in Your State?How do we move from prohibition to legalization in my state?

That’s one of the most asked questions we hear every week at NORML.

With national media attention focusing on the favorable experience with legalization in Colorado and Washington, and on the not-yet-implemented legalization programs recently adopted in Oregon and Alaska, anyone living in a state that continues arresting and jailing marijuana smokers would naturally wonder why their state seems to have missed out on the drive to end marijuana prohibition.

More accurately, many of those states are lagging behind in the legalization movement, but that, too, will change. As we continue to gather data demonstrating these new laws are working as intended, with few unintended consequences, the drive to end marijuana prohibition will soon reach every state in the union, and beyond. We are no longer debating theory and conjecture; we now have real-life experiences that can be evaluated, and that data resource will grow with each new state.

Patience and persistence still required

We all need to accept the reality that changing public policy is a complex process that requires financial resources, re-education and political organizing. Following more than 75 years of criminal prohibition, and “reefer madness” propaganda by our state and federal governments, many Americans — especially older Americans — hold a negative view of marijuana and marijuana smoking, believing it presents a risk to health or public safety.

Since all but a few of us have lived under prohibition for our entire lives, it is understandable that many would presume there must have been some justification for those tens of millions of marijuana arrests. Surely our own government would not needlessly wreak havoc on all those lives and careers without a good reason.

To Read the Balance of This Column, please go to Marijuana.com.

NORML Blog, Marijuana Law Reform

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Medical Marijuana Bill Introduced in Indiana

Posted on20. Jan, 2015 by .

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Sen. Karen Tallian

State Senator Karen Tallian has long been a champion for improving marijuana-related laws in Indiana, and she has already introduced a new, compassionate bill that would establish a medical marijuana program in Indiana. If passed, SB 284 would allow patients to use and safely access medical cannabis, as is the case in 23 states and the District of Columbia.

Medical marijuana can effectively alleviate a wide range of debilitating symptoms and medical conditions, and seriously ill Hoosiers should not be subject to arrest and criminal penalties for using medical marijuana. Nearly half the U.S. population lives in a state that has a medical marijuana program, including Illinois and Michigan. Seriously ill patients in Indiana should not be left behind.

If you are an Indiana resident, please contact your state representative and senator today and ask them to stand up for patients. Then, please ask your friends and family members in your community to raise their voices to protect patients, too.


MPP Blog

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Holder Restricts Asset Forfeiture Laws, Dealing Blow to War on Marijuana

Posted on18. Jan, 2015 by .

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AG Eric Holder

Earlier today, Attorney General Eric Holder announced that local and state law enforcement would no longer be able to use federal asset forfeiture laws to seize and keep property without evidence of a crime.

According to the Washington Post:

Holder’s action represents the most sweeping check on police power to confiscate personal property since the seizures began three decades ago as part of the war on drugs.

Since 2008, thousands of local and state police agencies have made more than 55,000 seizures of cash and property worth $ 3 billion under a civil asset forfeiture program at the Justice Department called Equitable Sharing.

The program has enabled local and state police to make seizures and then have them “adopted” by federal agencies, which share in the proceeds. The program allowed police departments and drug task forces to keep up to 80 percent of the proceeds of the adopted seizures, with the rest going to federal agencies.

While police can continue to make seizures under their own state laws, the federal program was easy to use and required most of the proceeds from the seizures to go to local and state police departments. Many states require seized proceeds to go into the general fund.

A Justice official, who spoke on the condition of anonymity in order to discuss the attorney general’s motivation, said Holder “also believes that the new policy will eliminate any possibility that the adoption process might unintentionally incentivize unnecessary stops and seizures.”

The old policy allowed law enforcement to take and keep people’s cash and property on the pretense of things like the scent of marijuana, even if none is found in their possession. Since the proceeds go directly to local police budgets, some argue that this was one of the primary reasons for law enforcement’s continued opposition to marijuana policy reform.


MPP Blog

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Washington, DC: District Officials Move Forward To Enact Municipal Depenalization Initiative

Posted on17. Jan, 2015 by .

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District of Columbia city officials this week moved forward with their intentions to implement a voter-approved municipal initiative depenalizing marijuana possession and cultivation offenses.

On Tuesday, city officials confirmed that Initiative 71 was transmitted to Congress for review. Under federal law, all District laws are subject to a 30-day review process by Congress, during which time members may take action to halt the law’s implementation.

Speaking to Roll Call this week, House Oversight and Government Reform Chairman Jason Chaffetz (R-Utah) said that language previously adopted by Congress in a December 2014 spending bill already prohibits DC officials from implementing I-71 and, thus, no further action by Congress is necessary. However, several District officials – including DC Delegate Eleanor Holmes Norton and DC Council Chairman Phil Mendelson – said that the federal provision in question in no way blocks city officials from enacting the new law.

“The District’s examination agrees with our analysis that the initiative was enacted when voters approved it and will take effect at the end of the 30-day congressional review period,” Del. Norton said in a statement.

Chairman Mendelson agreed, saying, “I happen to believe that the initiative was enacted so I think there’s no question that after the 30-day review it will be law.”

The District of Columbia Attorney General’s office has not yet commented in regard to how the District will respond if Congress does not address the initiative during the review process, Roll Call reported.

In November, 70 percent of District voters approved I-71, which removes criminal and civil penalties regarding the adult possession of up to two ounces of cannabis and/or the cultivation of up to six plants.

Separate DC municipal legislation – ‘The Marijuana Legalization and regulation Act’ – which seeks to regulate commercial cannabis production and retail sales, is also pending before the Council. If enacted, this legislation would also go before lawmakers for Congressional review and likely would force a federal challenge.

NORML Blog, Marijuana Law Reform

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